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Indiana Health Care Law Questions & Answers
2 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for Indiana on
Q: What's the statue of limitation on a injury that occurred in high school 40 years ago from the fall of 1983?

A student suffered a fall back in the fall of 1983. The school nurse neglected to have the student checked out at the hospital. Had the school done that and to have the hospital done an x-ray on the right arm, the hospital would have discovered a fracture on the elbow. If addressed, this would have... View More

Charles Candiano
Charles Candiano
answered on Dec 15, 2023

The answer to your question is an unequivocal "NO." I am not familiar with the Indiana school for the deaf. If it is a private school, the statute of limitations ran on your 20th birthday. If it is a public school, you would be suing an arm of the state of Indiana so you would be... View More

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2 Answers | Asked in Wrongful Death and Health Care Law for Indiana on
Q: How is it possible that a longtime diabetes patient have cancer for a year and no one knew even with blood draws?
Charles Candiano
Charles Candiano
answered on Nov 16, 2023

Blood testing is very specific. Routine blood tests for a diabetic have the primary purpose of determining a blood sugar level. It is entirely reasonable that an entirely unrelated disease like cancer would only be identified in something akin to an annual checkup or in response to specific... View More

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2 Answers | Asked in Wrongful Death and Health Care Law for Indiana on
Q: How is it possible that a longtime diabetes patient have cancer for a year and no one knew even with blood draws?
Tim Akpinar
Tim Akpinar
answered on Nov 18, 2023

One possibility is that the medical provider was not screening for cancer. They and the lab that handles their bloodwork have protocols they need to follow - based on the scope of the physician's examination, diagnosis, medical coding, plausible test parameters, and insurance carrier fee... View More

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1 Answer | Asked in Criminal Law and Health Care Law for Indiana on
Q: Is it permissible in court to request a DNA test of a hypodermic syringe for proof of innocence?

My husband was arrested and is being charged with unlawful possession of a hypodermic syringe that was discovered in a jewelry case located inside the Co- defendants vehicle's glove box. The co- defendant was also the operator of the vehicle at the time and has admitted to ownership of... View More

Joel D. Hand
Joel D. Hand
answered on Oct 16, 2023

First, in criminal defense, it is always important to remember that the defendant does not have to prove anything. It is up to the State to prove that a defendant committed each element of a given criminal charge.

Second, the defense lawyer MAY file a motion to have evidence confiscated...
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3 Answers | Asked in DUI / DWI, Immigration Law and Health Care Law for Indiana on
Q: HelloI'm a doctor and I was a doctor residing in US I was suspended

Hello

Im a doctor and I was a doctor residing in US I was suspended from work because I was drinking, I left US before I knew what is going to happened.

Accordingly, my license and the board that I was holding were suspended and Now I am suffering with my family as I can't work... View More

James L. Arrasmith
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answered on Oct 22, 2023

I'm sorry to hear about your situation. In Michigan, the reinstatement of a suspended medical license involves a process with the Michigan Board of Medicine.

You'll need to submit an application for reinstatement, and the Board will review it on a case-by-case basis. Factors...
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2 Answers | Asked in Civil Rights, Constitutional Law, Health Care Law and Medical Malpractice for Indiana on
Q: How do I file complaint for my son not receiving his prescribed medications in franklin county indiana jail

Diagnosed with Graves disease in 2016, on daily prescribed meds until being incarcerated on Aug 29. Facility not giving him his prescribed medication since Aug 29th.

James L. Arrasmith
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answered on Oct 15, 2023

To file a complaint regarding your son not receiving his prescribed medications in Franklin County, Indiana jail, you can take the following steps:

Contact the Jail Administration: Start by contacting the administration of the Franklin County jail. Inquire about the specific reasons why...
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2 Answers | Asked in Civil Rights, Constitutional Law, Health Care Law and Medical Malpractice for Indiana on
Q: How do I file complaint for my son not receiving his prescribed medications in franklin county indiana jail

Diagnosed with Graves disease in 2016, on daily prescribed meds until being incarcerated on Aug 29. Facility not giving him his prescribed medication since Aug 29th.

T. Augustus Claus
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answered on Sep 28, 2023

In Indiana, first contact the Franklin County jail administration to file a complaint about your son not receiving his medication. If that fails, consider filing a complaint with the Indiana Department of Correction Ombudsman. In urgent cases, consult an attorney experienced in prisoners'... View More

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2 Answers | Asked in Health Care Law, Medical Malpractice and Wrongful Death for Indiana on
Q: Question about obtaining medical records from the Hospital when someone has passed away

My mother is trying to get medical records for my dad who had passed away 2 weeks ago from a fall in the Hospital however after signing to get the records, they had sent a letter back saying that they are not allowed to give them to her (even though she is the spouse) because she is not the power... View More

Jonathan Armiger
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Jonathan Armiger
answered on Feb 13, 2023

Assuming no personal representative has been appointed for your father's estate, your mother is entitled under Indiana law to obtain the records. Below is the code cite/law that supports your mother's right to obtain the records. (Sometimes medical providers will require an affidavit or... View More

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1 Answer | Asked in Employment Law, Criminal Law and Health Care Law for Indiana on
Q: If a licensed therapist who owns the practice is arrested, what legal/employment implications are there for employees?

The owner of the company I work for has not been an active employee for over a year and may or may not still be a part-owner of the company itself. The current management is keeping things pretty close to the vest. The individual was arrested for drug-related charges and I am wondering what legal... View More

James A Hanson
James A Hanson
answered on Jan 26, 2023

In terms of criminal liability, you only have to worry about your own personal behavior. The allegedly criminal acts of an employer, acting as an individual, does not apply to you. If the business entity is accused of criminal acts (e.g. fraud) then the entity itself is in trouble and any of the... View More

1 Answer | Asked in Personal Injury and Health Care Law for Indiana on
Q: Biomat did physical/lab work 4weeks ago.I had lab work done at my doctor's,it came out extremely bad for several things

Yet biomat let me donate. I'm 61 with a VSD in my heart.i have many health issues.i started donating 4 weeks ago.somehow, they keep letting me.And I donated twice last week. I have been extremely sick.on first donation,phlabotomist said "call 911". I was very sick.i told them I just... View More

Charles Candiano
Charles Candiano
answered on Oct 24, 2023

The way this works is that you need to ask a question. You have not asked any question. Moreover, you should never use proper names. The information exchanged online is supposed to be hypothetical and anonymous.

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Health Care Law and Medical Malpractice for Indiana on
Q: I am being court ordered to remain under psychiatric care under false pretenses. Is this legal? Can I fight it?

A psychiatrist I haven't seen in 3 years filed a motion to continue treatment, under false claims that I'm a danger to myself and others, and don't have what I need to eat, that I have no clothing or shelter. All of this is substantially false. If I don't appear as directed, I... View More

Joel Gary Selik
Joel Gary Selik
answered on Aug 11, 2023

Yes you can fight it with proper legal action to show why they are wrong.

Consult with experienced attorneys in the state where this occurred.

1 Answer | Asked in Health Care Law and Insurance Bad Faith for Indiana on
Q: Can a health insurance company cancel policy for non payment, when they never sent a bill/invoice for increase premium?

I added my son to policy on 12/8 when he was born. Insurance company wanted more money for December, never sent a bill. I cancelled policy for 12/31 and got new private insurance for January. They ended up cancelling policy for 12/7 and said non payment. I’ve been going back and forth with them... View More

Tim Akpinar
Tim Akpinar
answered on Jul 13, 2023

An Indiana attorney could advise best, but your question remains open for a week. It could depend on the policy terms. It looks like they already acknowledged the error, but if eventually there is no resolution, you could consult with a health care law attorney to review the matter and outline your... View More

1 Answer | Asked in Business Law and Health Care Law for Indiana on
Q: Can a local health department determine hours of operation on a define set of business and exclude others?
Tim Akpinar
Tim Akpinar
answered on Sep 5, 2020

An Indiana attorney could advise best, but your question remains open for four weeks. In terms of hours, COVID-19 has resulted in many entities having greater leeway in reducing hours or effecting closures at their discretion. In terms of serving some entities and excluding others, that could... View More

1 Answer | Asked in Medical Malpractice, Civil Rights and Health Care Law for Indiana on
Q: Does a jail have to get a prescription to put an inmate on a medication?

I was recently arrested and while being incarcerated the jail put me on a medication called Zyprexa without speaking to any medical staff or doctor. I don't have any prescriptions that I'm supposed to take. The medication they put me on caused extremely visual hallucinations. They gave me... View More

James Avery
James Avery
answered on Apr 2, 2020

You should not be forced to take medications, especially when they are not prescribed by a physician. This violates the 8th Amendment prohibition against cruel and unusual punishment.

1 Answer | Asked in Family Law and Health Care Law for Indiana on
Q: Can doctors prevent a married, father from being present at the hospital for his baby’s delivery?

Mother wants to father there but doctors are saying it may not be possible due to the coronavirus outbreak. Mother and father are not known to have come into contact with a virus and are not showing any symptoms or signs of having the virus

Troy Tyson
Troy Tyson
answered on Mar 24, 2020

It is unclear how the law will apply to many of the unique situations arising from the COVID-19 outbreak, so at this point any opinion would largely be based on speculation. However, I think it is likely that courts would side with doctors/medical professionals who are taking all reasonable,... View More

1 Answer | Asked in Health Care Law for Indiana on
Q: Can you send only what you can afford on a hospital bill
Tim Akpinar
Tim Akpinar
answered on Jan 13, 2020

You'll hear people say that all the time. A more prudent approach might be to contact the billing and collections department of the hospital and explain your situation and see if you could negotiate for reduced payments. If you simply take it upon yourself to reduce payments to some arbitrary... View More

1 Answer | Asked in Family Law, Civil Rights, Health Care Law and Medical Malpractice for Indiana on
Q: Please, how do I obtain a Psychiatric Advanced Directive? And will it even work?

I've been asking or this for years.

Jonathan Armiger
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Jonathan Armiger
answered on Oct 9, 2019

Indiana Code sections 16-36-1.7-0.5 to 16-36-1.7-5 deal with Psychiatric Advance Directives, including requirements to execute a directive as set forth in Indiana Code section 16-36-1.7-2. You can view these and other Indiana Code sections online using this website:... View More

1 Answer | Asked in Environmental, Health Care Law and Landlord - Tenant for Indiana on
Q: How do I go about getting information about how to get my landlord to spray for cockroaches in my house with out evicted

Without being evicted is what I meant to say

Tim Akpinar
Tim Akpinar
answered on Oct 9, 2019

You would get the most meaningful input here from an Indiana attorney who knows landlord-tenant law. But your question remains open for four weeks and you include Environmental/Health Care as categories. If your apprehension about disturbing your landlord is based on a fear of creating expense, you... View More

1 Answer | Asked in Civil Rights, Health Care Law, Real Estate Law and Small Claims for Indiana on
Q: Can Medicaid take my house? Or anyone else?

I am joint owner of a house in Indiana via a quit claim deed that states "joint tenants with rights of survivorship". The other joint owner who is my grandma is now in a nursing home and has severe dementia. My aunt took power of attorney over her healthcare and has filed a lawsuit... View More

Michael Ray Smith
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Michael Ray Smith
answered on Sep 27, 2019

If the deed is to you and your grandmother as joint tenants with right to survivorship, you own half of the property (the house and lot) and your grandmother owns half of the property. That's called an undivided interest because each of you has equal rights to the entire property. Indiana... View More

1 Answer | Asked in Health Care Law, Animal / Dog Law and Patents (Intellectual Property) for Indiana on
Q: Who to best seek help from concerning someone with mental health problems who is about to loose their home

metal health issues. Has gone through all her money. Own her own home but we do not believe paying any taxes. she has a bird and dog she does not take care of. Lives with poop and pee everywhere. will not believe anything we tell her concening her finances. when they kick her out of her house... View More

Kevin E. Flynn
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Kevin E. Flynn
answered on Oct 30, 2018

I am sorry to hear of your situation. Your question was listed for patents (inventions). You may have meant paRents but that is not a category.

You may want to post the same question under Family law or Elder law as this is a question of intervening when a family member may not be...
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